The Conservation of Habitats and Species (Amendment) Regulations 2012

Made: 20th July 2012

Laid before Parliament: 25th July 2012

Laid before the National Assembly for Wales: 25th July 2012

Coming into force: 16th August 2012

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment, and the Welsh Ministers are designated for those purposes in relation to the conservation of natural habitats and of wild fauna and flora.

In exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972, the Secretary of State and the Welsh Ministers make these Regulations, the Welsh Ministers in relation to Wales, to the extent that they are designated to do so, and the Secretary of State in relation to every other aspect.

Title, commencement, interpretation and extent

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• (1) These Regulations may be cited as the Conservation of Habitats and Species (Amendment) Regulations 2012 and come into force on 16th August 2012.

• (2) In these Regulations, “the 2010 Regulations” means the Conservation of Habitats and Species Regulations 2010 .

• (3) Except as provided in paragraphs (4) and (5), these Regulations extend to England and Wales only.

• (4) This regulation and regulations 2 to 7, regulation 8 in so far as it relates to regulations 9 and 9A of the 2010 Regulations, and regulations 19 to 21 also extend to Scotland and Northern Ireland.

• (5) Regulations 3(4) and 24 extend to Scotland only.

Amendment of the 2010 Regulations

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The 2010 Regulations are amended in accordance with regulations 3 to 24.

Amendment of regulation 2

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Amendment of regulation 3

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Amendment of regulation 5

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Amendment of regulation 7

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Amendment of regulation 8

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Substitution of regulation 9

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Amendment of regulation 12A

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Amendment of regulation 18

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Amendment of regulation 19

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Revocation of regulation 20

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Amendment of regulation 21

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Revocation of regulation 22

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Substitution of regulation 23

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Amendment of regulation 36

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Amendment of regulation 38

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Amendment of regulation 58

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Amendment of regulation 60

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Amendment of regulation 61

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Amendment of regulation 67

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Insertion of regulation 129A

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Addition of regulation 135

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Amendment of Schedule 6

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Transitional provision

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Any notice given before 16th August 2012 under, or having effect as if given under , regulation 20(1)(a) of the 2010 Regulations as in force immediately before that date, has effect as if given under section 28E(1)(a) of the Wildlife and Countryside Act 1981 .

Amendment of the National Parks and Access to the Countryside Act 1949

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In section 15 of the National Parks and Access to the Countryside Act 1949 (meaning of “nature reserve”), after subsection (2) insert—

(2A) In subsection (2)(b) the reference to preserving flora or fauna includes enabling or facilitating its recovery or increase.

Signed

Richard Benyon — Parliamentary Under Secretary of State — 2012-07-20

John Griffiths — Minister for Environment and Sustainable Development — 2012-07-10

Explanatory note

(This note is not part of these Regulations)

Footnotes

[^f00001]: S.I. 2008/301.

[^f00002]: 1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c.7), Part 1 of the Schedule.

[^f00003]: S.I. 2002/248, amended by S.I. 2006/3329. The designation is subject to the exceptions set out in Schedule 2 to that Order. That Order continues to have effect, and the functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers, by virtue of section 162 of, and paragraphs 28(1) and 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32).

[^f00004]: S.I. 2010/490, amended by S.I. 2011/603 and 625 and 2012/637.

[^f00005]: Regulation 2 was amended by S.I. 2011/625.

[^f00006]: 1998 c.46.

[^f00007]: 1998 c.47.

[^f00008]: S.I. 2002/791.

[^f00009]: The Joint Nature Conservation Committee was established by the Environmental Protection Act 1990 (c.43), section 128(4), and reconstituted by the Natural Environment and Rural Communities Act 2006 (c.16), section 31 and Schedule 4.

[^f00010]: 1865 c.125.

[^f00011]: 1900 c.56; section 2(2) was amended by SR & O 1924/1370, the Crown Estate Act 1961 (c.55), section 1, and S.I. 1964/488.

[^f00012]: 1964 c.40.

[^f00013]: 1968 c.41; section 15 was amended by the WCA 1981, section 72(8) and Part 1 of Schedule 17; the Environmental Protection Act 1990 (c.43), paragraph 4(2) of Schedule 9 and Part 6 of Schedule 16; the Countryside and Rights of Way Act 2000 (c.37), section 75(3); the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), paragraph 29(1) and (2) of Schedule 12; and the Natural Environment and Rural Communities Act 2006 (c.16), paragraph 48 of Schedule 11 and Schedule 12.

[^f00014]: 1974 c.40.

[^f00015]: Section 28 was substituted, and sections 28A to 28C and 28D to 28R were inserted, by the Countryside and Rights of Way Act 2000 (c.37), paragraph 1 of Schedule 9; sections 28 to 28C and 28D to 28R were amended by the Natural Environment and Rural Communities Act 2006 (c.16) (“the 2006 Act”), paragraph 79 of Schedule 11; section 28 was amended by the Marine Act, paragraph 2 of Schedule 13; section 28A was amended by the Marine Act, paragraph 3 of Schedule 13; section 28B was amended by the Marine Act, paragraph 5 of Schedule 13; section 28C was amended by the Marine Act, paragraph 6 of Schedule 13; sections 28CA and 28CB were inserted by the Marine Act, paragraphs 7 and 8 of Schedule 13; section 28D was amended by the 2006 Act, section 56, and the Marine Act, paragraph 9 of Schedule 13; section 28E was amended by the 2006 Act, paragraph 80 of Schedule 11; section 28G was amended by the 2006 Act, paragraph 81 of Schedule 11 and Schedule 12; section 28P was amended by the 2006 Act, section 55; and section 28S was inserted by the 2006 Act, section 58(1).

[^f00016]: Sections 31 to 34 were repealed as regards Scotland by the Nature Conservation (Scotland) Act 2004 (asp 6), paragraph 4 of Schedule 7; section 31 was amended by the Criminal Justice Act 1982 (c.48), sections 37 and 46, by the Countryside and Rights of Way Act 2000 (c.37) (“the 2000 Act”), paragraph 3 of Schedule 9, by the Constitutional Reform Act 2005 (c.4), paragraph 37 of Schedule 9, and by the Natural Environment and Rural Communities Act 2006 (c.16) (“the 2006 Act”), section 55(5) and paragraph 79 of Schedule 11; section 32 was amended by the Agriculture Act 1986 (c.49), section 20(1), (2) and (3), by the 2000 Act, paragraph 4 of Schedule 9 and Part 3 of Schedule 16, and by the 2006 Act, paragraph 79 of Schedule 11; section 33 was amended by the 2006 Act, paragraph 82 of Schedule 11; section 34 was amended by the Local Government Act 1985 (c.51), paragraph 7 of Schedule 3, by the Planning (Consequential Provisions) Act 1990 (c.11), paragraph 54(1) of Schedule 2, by the Local Government (Wales) Act 1994 (c.19), paragraph 65(3) of Schedule 16, by the 2000 Act, section 78, and by the 2006 Act, paragraph 83 of Schedule 11 and Schedule 12; section 34A was inserted by the 2006 Act, paragraph 84 of Schedule 11; section 35 was amended by the 2006 Act, paragraph 85 of Schedule 11, and the Marine Act, paragraph 10 of Schedule 13; and section 35A was inserted by the Marine Act, paragraph 11 of Schedule 13.

[^f00017]: 1990 c.43; section 131 was amended by the Natural Environment and Rural Communities Act 2006 (c.16) (“the 2006 Act”), paragraph 120 of Schedule 11; section 132 was amended by the 2006 Act, paragraph 121 of Schedule 11 and Schedule 12, and the Marine Act, section 313(1) and (3); and section 134 was amended by the 2006 Act, paragraph 123 of Schedule 11 and Schedule 12, and the Marine Act, section 313(1) and (4).

[^f00018]: 1991 c.57.

[^f00019]: 1991 c.59.

[^f00020]: 1992 c.36; section 1 was amended by S.I. 1999/1820 and the Marine Act, section 11 and Part 4 of Schedule 22.

[^f00021]: 2006 c.16.

[^f00022]: 2008 c.29.

[^f00023]: See section 1(1) of the Forestry Act 1967 (c.10).

[^f00024]: The Broads Authority was established by section 1 of the Norfolk and Suffolk Broads Act 1988 (c.4).

[^f00025]: Section 17 was amended by the Natural Environment and Rural Communities Act 2006 (c.16) (“the 2006 Act”), paragraphs 15 and 16 of Schedule 11; section 18 was amended by the Arbitration Act 1996 (c.23), Schedule 4, and the 2006 Act, paragraphs 15 and 17 of Schedule 11; section 20 was amended by the Telecommunications Act 1984 (c.12), paragraph 28 of Schedule 4, the Water Act 1989 (c.15), paragraph 13 of Schedule 25, the Communications Act 2003 (c.21), paragraph 20 of Schedule 17, and the 2006 Act, paragraph 15 of Schedule 11; and section 21(6) was amended by the 2006 Act, paragraph 15 of Schedule 11.

[^f00026]: 2006 c.16.

[^f00027]: Section 21 was amended by the Local Government Act 1972 (c.70), Schedule 30, the Local Government (Scotland) Act 1973 (c.65), Schedule 29, and the Natural Environment and Rural Communities Act 2006, paragraphs 15 and 19 of Schedule 11.

[^f00028]: Section 90 was amended by the Countryside Act 1968 (c.41), Schedule 5; the Local Government Act 1972 (c.70), paragraph 39 of Schedule 17 and Schedule 30; the Environmental Protection Act 1990 (c.43), paragraph 1(14) of Schedule 8; and the Natural Environment and Rural Communities Act 2006, paragraph 10(l) of Schedule 11.

[^f00029]: 1967 c.10. Sections 3 and 10 were amended by S.I. 1999/1747; section 10 was also amended by the Nature Conservation (Scotland) Act 2004 (asp 6), paragraph 2 of Schedule 7.

[^f00030]: 1988 c.4; section 6 was amended by the Natural Environment and Rural Communities Act 2006, paragraph 112(a) of Schedule 11.

[^f00031]: 1995 c.25; section 66 was amended by the Natural Environment and Rural Communities Act 2006, paragraph 143 of Schedule 11.

[^f00032]: 2010 c.29.

[^f00033]: Section 123(3)(a) applies in relation to the “UK marine area”, defined in section 42 of the Marine Act in terms which include the area comprised in the marine area.

[^f00034]: Regulation 12A was inserted by S.I. 2011/625.

[^f00035]: Section 28E was inserted by the Countryside and Rights of Way Act 2000 (c.37), paragraph 1 of Schedule 9, and amended by the Natural Environment and Rural Communities Act 2006 (c.16), paragraphs 79 and 80 of Schedule 11.

[^f00036]: See paragraph 8(1)(b) of Schedule 11 to the Countryside and Rights of Way Act 2000 (c.37).

[^f00037]: S.I. 2001/1754, amended by S.I. 2007/77 and 1842 and 2010/1513.

[^f00038]: S.I. 2006/2522, amended by S.I. 2009/1307 and 3264, 2010/1159 and 2011/1824.

[^f00039]: S.I. 2007/2933 (W.253).

[^f00040]: S.I. 2010/1228, amended by S.I. 2011/974 and 2183 and 2012/742.

[^f00041]: Regulation 67 was amended by S.I. 2011/625.

[^f00042]: See regulation 23(1) of the 2010 Regulations (as in effect immediately before the date of commencement of these Regulations).

[^f00043]: 1981 c.69. Section 28E was inserted by the Countryside and Rights of Way Act 2000 (c.37), paragraph 1 of Schedule 9, and amended by the Natural Environment and Rural Communities Act 2006 (c.16), paragraphs 79 and 80 of Schedule 11.

[^f00044]: 1949 c.97. Section 15 was substituted by the Natural Environment and Rural Communities Act 2006 (c.16), paragraph 12 of Schedule 11.

[^f00045]: Amended by S.I. 2011/603 and 625 and 2012/637.

[^f00046]: OJ No L 206, 22.7.1992, p.7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p.368).

[^f00047]: OJ No L 20, 26.1.2010, p.7.

Editorial notes

[^c21330531]: S.I. 2010/490, amended by S.I. 2011/603 and 625 and 2012/637.

[^c21330911]: See regulation 23(1) of the 2010 Regulations (as in effect immediately before the date of commencement of these Regulations).

[^c21330921]: 1981 c.69. Section 28E was inserted by the Countryside and Rights of Way Act 2000 (c.37), paragraph 1 of Schedule 9, and amended by the Natural Environment and Rural Communities Act 2006 (c.16), paragraphs 79 and 80 of Schedule 11.

[^c21330931]: 1949 c.97. Section 15 was substituted by the Natural Environment and Rural Communities Act 2006 (c.16), paragraph 12 of Schedule 11.

[^c21330941]: Amended by S.I. 2011/603 and 625 and 2012/637.

[^c21330951]: OJ No L 206, 22.7.1992, p.7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p.368).

[^c21330961]: OJ No L 20, 26.1.2010, p.7.